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PIP and the twisted ATOS report

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7 years 8 months ago #167478 by chrisbt
PIP and the twisted ATOS report was created by chrisbt
Hi all.

Just an update on my partners PIP claim. Had the assessors report today, not got the decision yet but we requested the report straight away - and thank god we did, as I can now start typing her appeal paperwork up.

She has cerebral palsy, although this affects her mobility to a large degree it also affects her cognition.

She has been knocked down on just about everything she could have been. She can't open tins, cant get her head round instructions with cooking, cant use oven hobs as she cant figure out which switches marry to which hobs, so we put requires assistance. Surprise surprise - apparently as she is a checkout assistant - 2 points - as her work is inconsistent with the reported difficulty! (how the heck does this correspond)

and this list goes on. dressing and undressing, just two points - despite me needing to assist her every time with lower body undressing. Complex written info she struggles with, she cannot remember nor comprehend it properly - again inconsistent as she works in a supermarket. But the massive surpriuse was planning journeys - she cannot plan a journey to save her life, she cant read a map, or bus timetable, no chance. Yet again they have cited working on a checkout and her examination as showing she has adequate cognition?? verdict - she can plan a journey unaided!! - so now she will be losing her DLA high rate and obviously getting standard mobility.

I notice on this report there is no mention of what she could not do for the assessor - serial sevens although completed she had major difficult with and it took her ages. He asked her to read a passage which she struggled through with me prompting her 5 times, again no mention of this. She got 3 points for getting in and out of an unadapted bath or shower which we thought she would, and two for having the toilet grab rails and seat, so in total 9 points for care and 8 for mobility. Could someone clarify for me what happens however in the new year, when they reduce the points for aids for toilet needs and undressing to one point, will she lose care component straight away or on her next review? (3 years recommended, as apparently there is likely to be no SHORT TERM change, despite it being a birth defect??

We are absolutely gutted to say the least, the amount of effort we put in completing the form, and already planning to appeal. They have attacked her on the form both because she works but interestingly also because there is no evidence of her having cognitive issues (this is part and parcel of cerebral palsy is it not). and apparently the examination showed no issues with cognition. To top it off we felt wonderful yesterday as we found out that she is pregnant, and now this. Needless to say being £90ish down with a new baby really wasnt what we thought we would end up like.

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7 years 8 months ago #167536 by slugsta
Replied by slugsta on topic PIP and the twisted ATOS report
Congratulations on your partner's pregnancy!

The plan to remove points for aids used has been shelved and will not go ahead (at least for the time being).

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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7 years 8 months ago #167539 by chrisbt
Replied by chrisbt on topic PIP and the twisted ATOS report
Hi thanks for that Mrs Hurtyback! we are over the moon!

Sorry if that was a litlte long winded, think I just needed a good rant..The decision now is whether to appeal then or stick with the lowered mobility component - thankfully we do not have a motability car it is my own so that's not an issue. I still feel that she should have got more points as we were completely honest. They did state that they had all her DLA paperwork to consider too in respect of the PIP claim, do decision makers always tend to follow what the HCP has recommended in terms of points?

Thanks

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7 years 8 months ago #167549 by Bill24chev
Replied by Bill24chev on topic PIP and the twisted ATOS report
According to the A to Z of disabilities for DLA & AA DM's,decisions for those with Cerebal Palsy is covered by an extract from the "Disability Handbook" which was apparently DITCHED back in 2007. It would be interesting to see what the software now used on the the disabling effects of Cerebal Palsy' as to say

I would have thought that most HCP's from whatever professional background would be aware of the disabilities caused by Cerebal Palsy and if they chose to ignore their own professional experience and follow the software recommendations they would be breaking the ethical codes concerning the care of patients and should be reported to the BMC. NMC or HCPC depening on which organisation is responsible for them.

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7 years 8 months ago #167577 by Gordon
Replied by Gordon on topic PIP and the twisted ATOS report

chrisbt wrote: Hi thanks for that Mrs Hurtyback! we are over the moon!

Sorry if that was a litlte long winded, think I just needed a good rant..The decision now is whether to appeal then or stick with the lowered mobility component - thankfully we do not have a motability car it is my own so that's not an issue. I still feel that she should have got more points as we were completely honest. They did state that they had all her DLA paperwork to consider too in respect of the PIP claim, do decision makers always tend to follow what the HCP has recommended in terms of points?

Thanks


Have you actually had a Decision from the DWP? If not then you need to wait to take any further action.

Gordon

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7 years 8 months ago #167584 by chrisbt
Replied by chrisbt on topic PIP and the twisted ATOS report
Hi Gordon. Not yet no so can't appeal until then - was just basing it on most things ive read which seem that the DWP decision maker seems to go with what the HCP says (or worse - gulp) Obviously if the DM is feeling more generous then she may get what she should be rightfully entitled to...

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